State v. Cain’s Empirical Analysis

Citation profile

22 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is sometimes stated that each offense has, for jurisdictional purposes, one key act or omission and that this element must have taken place in the state where prosecution is instituted. Professors LaFave and Scott state: ‘At common law (that is, in the absence of a statute) jurisdiction over crimes is limited ... by the notion that each crime has only one situs (or locus), and that only the place of the situs has jurisdiction. In other words, the common law picked out one particular act (or omission) as vital for the determination of the place of commission (i.e., the situs) of each of the various crimes and gave jurisdiction to that state (and only that state) where the vital act or result occurred. Generally, it may be said that the situs of a crime at common law is the place of the act (or omission) if the crime is defined only in these terms, and the place of the result if the definition of the crime includes such a result.’ “1 WAYNE R. LaFAVE & AUSTIN W. SCOTT, JR., SUBSTANTIVE CRIMINAL LAW § 2.9(a), at 180 (1986). “The essential element of the crime of theft by deception, at least for jurisdictional purposes, is the accused’s obtaining control of the subject property.””

   2 later decisions quote this exact passage
   e.g. West v. State · West v. State

2. “[T]he element of obtaining control of the property is accomplished when the victim surrenders his or her property to the control of [the deceiver]”

   1 later decision quote this exact passage
   e.g. State v. Leffingwell